FE1 CRIMINAL Law : Complicity

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  • COMPLICITY IN OFFENCES
    • Criminal liability can also extended in  others who participated in the crime
      • Attorney-General’s Reference (No.1) (1975) -
        • -          Widgery J distinguishes procurement from aiding, abetting or counselling 
    • Mens Rea -          Must additionally prove that he knew or intended that his conduct would aid, abet, counsel or procure the commission of the crime by the perpetrator 
      • -          People (AG) v Ryan (1966) -          Mere presence is enough if it was knowingly to lend support to the perpetrator 
        • -          R v Clarkson (1971) -          Came across other soldiers ****** a woman – did nothing -          Conviction for **** quashed as couldn’t prove their mere presence had intended to encourage them -          Well established that you don’t have to know the exact crime intended, only the nature of the crime
          • -          People (DPP) v Egan (1989) -          Hid van for “small stroke” – didn’t know it was a robbery but did know the nature of it 
            • -          People (DPP) v Egan (1989) -          Hid van for “small stroke” – didn’t know it was a robbery but did know the nature of it 
              • Information that might be of material use in preventing offence -          Sec 9(1) of the OATS Act 1998 – guilty if you don’t tell Gardai – failure to act giving rise to liability 
                • Withdrawal from the commission of an offence -          R v Whitehouse (1940) -          Must be timely communication and clearly visible from the external behaviour of the accused

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